Electoral Administration Act 2006 Explanatory Notes

Electoral Administration Act 2006

2006 CHAPTER 22

Commentary on Sections

Part 6: Conduct of elections etc.

Ballot papers

Section 33 Revision of electoral provisions in light of pilot schemes

213. This section provides the Secretary of State with the power to make an order applying similar provision to that found in a pilot order made under section 31 on a general and permanent basis. Such an order can amend the enactments applying to local government and UK parliamentary elections and by-elections.

214. Subsections (1) and (2) provide that if the Secretary of State thinks it would be desirable to make permanent provision similar to that made in a pilot order under section 31 and evaluated by the Electoral Commission under section 32, he may do so by an order under section 33.

215. Subsection (3) provides that an order may not be made without prior consultation with the Electoral Commission.

Subsection (4) provides that the Secretary of State may make provision in the order modifying or disapplying any enactment that he considers necessary or expedient to achieve the purposes in subsection (2). He may also create an offence.

216. Subsection (5) restricts the maximum penalty with which an offence created by an order under subsection (2) is punishable. The limit is set at the same level as the maximum penalty on conviction for most corrupt practices.

217. Subsection (6) provides that the order making power under subsection (2) is exercisable by statutory instrument and must be approved by a resolution passed by both houses of Parliament before it is made.

218. Subsection (7) defines local government elections by reference to section 31.

219. Subsection (8) provides that if an offence created in a subsection (2) order is committed before the commencement of section 281(5) of the Criminal Justice Act 2003, then the maximum sentence of imprisonment in relation to that offence shall be interpreted as six months rather than 51 weeks.

220. Subsection (9) specifies that the reference in subsection (5)(b) to 51 weeks be taken as a reference to six months for Scotland and Northern Ireland.